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DHS intercepted protesters’ text messages, contradicting testimony Department official gave to Senate committee

Internal Department of Homeland Security documentation obtained by the Washington Post show that the agency intercepted and transcribed the text messages of protesters in Portland, Oregon, contradicting testimony a senior Department official made to the Senate Intelligence Committee.

Brian Murphy, Acting DHS Undersecretary for Intelligence and Analysis, told SIC staffers in an interview July 23rd that the collected or analyzed electronic data from protesters’ cell phones.

However, a DHS Open Source Intelligence Report, obtained by the Post, shows that Murphy’s agency analyzed messages that protesters exchanged using the Telegram messaging app.  The report is dated six days before Murphy spoke to SIC staff.  The messages obtained by DHS were decrypted and analyzed.

According to the OSIR, the messages came from “likely Portland-based encrypted messaging app users discuss[ing] TTPs [tactics, techniques and procedures] to evade law enforcement when being pursued.” It also states that the information came from “a Telegram chat room.”

It is unclear from the report how the DHS came into possession of these messages.  The DHS could have infiltrated the messaging group, had the message turned over by an informant, or illegally intercepted the messages without a warrant.

It is also unclear why the DHS was spying on demonstrators who were exercising their First Amendment rights.  Senators on the Intelligence Committee are seeking an explanation from the Department after Murphy stated it made no such data collection.

“You stated that I & A [the intelligence and analysis office] had neither collected nor exploited or analyzed information obtained from the devices or accounts of protesters or detainees. Please confirm,” the senators wrote.

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